SUBEDAR SAROJversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 10227 of 2026

Subedar Saroj
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)      : Ajeet Kumar, Satya Dheer Singh
                                Jadaun
Counsel for Opposite Party(s) : G.A.

Court No. - 75
                 HON'BLE DR. GAUTAM CHOWDHARY, J.

1. Supplementary affidavit filed on behalf of the applicant today in the
Court, is taken on record.

2. List revised. Heard learned counsel for the applicant, learned A.G.A.
for the State and perused the entire material available on record.

3. This is the second bail application filed by the applicant. First bail
application was rejected by this Court vide order dated 27.10.2025 passed
in Criminal Misc. Bail Application No.35183 of 2022.

4. The applicant Subedar Saroj has filed this second bail application
with a prayer to enlarge him on bail in Crime No.172 of 2025, under
Sections 70(1), 351(2) of BNS, Police Station Sarai Akil, District
Kaushambi, during the pendency of the trial.

5. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the instant case. Learned counsel for the applicant
has contended that though the victim in her statement recorded under
Section 183 of B.N.S.s. has levelled allegation of rape against the
accused, however the applicant was not named. He further submits that
during the course of trial, the statement of the victim has been recorded
wherein she became innocent and has stated that she does know the
meaning of rape, school etc. It is further contended that perusal of the
statement of the victim recorded before the trial Court goes to show that
there is no allegation of rape. It is thus contended that there are material
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contradiction in the statements of the victim recorded under Section 183
of BNS as well as statement recorded before the trial Court. It is further
submitted that there is no occasion now for the applicant to tamper with
any witness, since the victim's statement has already been recorded or to
flee from judicial process. Several other submissions in order to
demonstrate the falsity of the allegations made against the applicant have
also been placed before the Court. The circumstances which, according to
the counsel, led to the false implication of the accused have also been
mentioned. It has also been assured on behalf of the applicant that he is
ready to cooperate with the process of law and shall faithfully make
himself available before the court whenever required and is also ready to
accept all the conditions which the Court may deem fit to impose upon
him. Learned counsel has lastly argued that the applicant is languishing in
jail since 12.07.2025.

6. Per contra, learned A.G.A. has opposed the prayer for bail of the
applicant by contending that the innocence of the applicant cannot be
adjudged at pre trial stage, therefore, he does not deserve any indulgence.
In case the applicant is released on bail he will again indulge in similar
activities and will misuse the liberty of bail.

7. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties, nature of evidence, and all attending
facts and circumstances of the case, without expressing any opinion on
merits of the case, this Court is of the view that the applicant has made
out a case for bail. Hence the bail application is allowed.

8. Let applicant Subedar Saroj involved in aforesaid case crime be
released on bail on furnishing a personal bond and two local sureties each
of the like amount to the satisfaction of the court concerned subject to the
following conditions:-

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses.

iii) The applicant shall appear on the date fixed by the trial court.

iv) The applicant shall not commit an offence similar to the offence of
which the applicant is accused, or suspected of the commission.
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                                    v) The applicant shall not directly or indirectly make any inducement,
                                    threat or promise to any person acquainted with the facts of the case so as
                                    to dissuade such person from disclosing facts to the Court or to any police
                                    officer or tamper with the evidence.

                                    9. In case of breach of any of the above condition, the trial Court shall be
                                    at liberty to cancel the bail of the applicant in accordance with law.




                                                                                 (Dr. Gautam Chowdhary,J.)
                                    September 14, 2026
                                    S.Ali




Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad